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Kostopoulos v G E Commercial Finance Australia Pty Ltd
[2005] QCA 173 (05/3985) Brisb Jerrard JA 27/05/2005
Catchwords
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PRACTICE UNDER RULES OF COURT – STAYING PROCEEDINGS – trial judge dismissed application for injunctions restraining mortgagor from proceeding with both a demand for payment acceleration under a mortgage and a notice to vacate the mortgaged property – trial judge allowed the applicant 21 days to vacate the mortgaged property which was his residence – applicant sought a stay of execution until his appeal had been determined – balance of convenience for a stay in the applicant’s favour – whether the applicant established any prospects of success on appeal